Court Fixes March 10 To Hear Ekiti Lawmakers Suit

Court Fixes March 10 To Hear Ekiti Lawmakers Suit

Justice Saliu Seidu of the Federal High Court in Lagos on Monday  fixed March 10 to hear the suit filed by the impeached Speaker of Ekiti State House of Assembly, Adewale Omirin and other All Progressives Congress (APC) members of the House to contest the legality of his impeachment.

The lawmakers are seeking an order restraining the factional Speaker of the state, Odugbemi Olayinka and Samuel Ajibola from parading themselves or otherwise acting in the capacity of Speaker and Deputy Speaker, respectively of the Ekiti State House of Assembly as same was illegal, unconstitutional and ultra vires.

The defendants included Dele Olugbemi (1st defendant),  Samuel Ajibola (2nd defendant), Adeojo Alexander (3rd defendant), Adeloye Adeyinka (4th defendant), Israel Olowo Ajiboye (5th defendant), Fatunbi Olajide (6th defendant) and Olayinka Abeni (7th defendant).

Others are the Inspector General of Police (10th defendant), Commissioner of Police, Ekiti State (11th defendant), Mr. Owoseni Ajayi (12th defendant), Mr. Kayode Oso (13th defendant) and Chief Toyin Ojo (14th defendant).

At the resumed hearing of the suit on Monday, counsel to the APC lawmakers, Norrison Quakers (SAN), informed the court that they had not been able to service the processes in the matter on the state governor, Ayo Fayose and other defendants owing to the security of their lives.

The lawyer urged the court to appeal to lawyers to the defendants to accept service on behalf of their clients. 

This submission was opposed to by E.O Afolayan, who represented Dele Adesina (SAN) for the defendants, and insisted that the order of court as to service of the processes must be complied with.

He insisted he can not receive the processes as his clients has not instructed to do so.

The matter was subsequently adjourned till March 10, 2015 for mention.

According to the suit, the applicants are also seeking an order of interim injunction restraining the 1st-7th defendants, whether by themselves or their agencies /privies, from illegally carrying out legislative functions to wit, making laws or transacting business as legislators of the Ekiti State House of Assembly, pending the hearing and determination of the motion on notice.

The applicants further want the court to issue an interim injunction retraining the 12th, 13th and 14th defendants whether by themselves or by their agencies/privies, from parading themselves as commissioners of the Ekiti State Government or transacting any business in furtherance of any assignment by the Governor (8th defendant) or his agencies/privies relating to any business of the Ekiti State Government and in particular, as regards dealing with third parties in the said capacity as same was illegal, ultra vires, null and void and of no effect, pending the hearing and determination of the motion on notice.